State v. Collins

• Decision Date: 12 January 1909
• Docket Number: 16,068
• Citation: State v. Collins, 79 Kan. 411, 99 P. 817 (Kan. 1909)
• Parties: THE STATE OF KANSAS v. ALBERT COLLINS
• Court: Kansas Supreme Court

99 P. 817

79 Kan. 411

THE STATE OF KANSAS v. ALBERT COLLINS

No. 16,068

Supreme Court of Kansas

January 12, 1909

Decided January, 1909.

Appeal from Finney district court; WILLIAM H. THOMPSON, judge.

Judgment affirmed.

Fred S Jackson, attorney-general, and John S. Dawson, assistant attorney-general, for The State.

Milton Brown, for appellant.

OPINION

PER CURIAM.

Albert Collins appeals from a conviction on a charge of larceny. Complaint is made because the information described the stolen property as $ 110 in money, without attempting a further description or stating that the informant was unable to give one. Such an objection has been held to be good upon a motion to quash (The State v Tilney, 38 Kan. 714, 17 P. 606), but not upon a motion in arrest of judgment (The State v. Henry, 24 Kan 457). No motion to quash was filed in this case. Aside from a motion in arrest of judgment, the sufficiency of the information was challenged only by an objection to the introduction of any evidence under it, which is entitled to no more favorable treatment. (Fort Scott v. Dunkerton, 78 Kan. 189, 96 P. 50.)

The denying of a motion for a continuance on account of an absent witness is assigned as error. The affidavit offered in its support, however, failed to show sufficient effort to compel his attendance. It stated that the defendant had endeavored to procure his presence, but specified nothing that had been done in this connection. It said that before the arrest the witness left the county without the defendant's knowledge or consent, but for anything that appears in the record a subpoena might easily have been served upon him in some other part of the state. It also alleged that the defendant had not learned until the day before that the witness was...